Home Alcohol Distilling In Ohio: Is It Legal?

While federal law prohibits distilling alcohol at home, some states have passed or are considering laws to legalize it. In Ohio, a bill that would allow home distillation of liquor, Senate Bill 13, was introduced in January 2023. If passed, the bill would allow Ohioans to make and consume moonshine, a distilled spirit typically made illegally, without a permit. However, selling the liquor or taking it outside the state would be forbidden.

Home distillation of alcohol in Ohio is federally illegal

The proposed bill in Ohio, Senate Bill 13, would allow residents to produce and consume moonshine, a type of homemade distilled spirit that has been banned since before Prohibition. Specifically, the bill would permit households with at least one person over the age of 21 to distill up to 100 gallons of liquor per year, with a limit of 200 gallons for households with two or more people over 21. While the bill would allow home distillers to give away or serve their liquor to guests on private property, it would forbid them from selling or shipping it outside of Ohio.

Despite the potential benefits of legalising home distillation, including the creation of jobs and businesses, it is important to consider the associated risks. For example, producing large quantities of flammable liquid at home could increase the risk of fires, as pointed out by a Case Western Reserve University professor. Additionally, there may be concerns about the lack of regulations and oversight in the home distillation process.

While the bill has been introduced in the Ohio Senate, it has faced some challenges and stalled in committee. It is worth noting that even if the bill passes, it would not change the federal prohibition on distillation for human consumption. As such, individuals considering home distillation in Ohio should be aware of the federal laws and potential legal consequences before engaging in any related activities.

Ohio Senate Bill 13 would allow home distillation

It is currently illegal to distill alcohol at home in Ohio. However, this could change if Ohio Senate Bill 13 is passed. This bill would allow Ohio residents to distill alcohol for personal use, with an annual limit of 100 gallons of liquor for households with at least one person over the age of 21, and 200 gallons for households with two or more people over 21.

The bill would also forbid the selling of the liquor or shipping it outside of Ohio. However, distillers would be permitted to give away their alcohol or serve it to guests on private property, as well as send it to "family, neighbors, co-workers, and friends," as long as the shipping address is the recipient's main residence.

While this bill would legalize home distillation at the state level, it is important to note that distillation for human consumption is still federally illegal in the United States. Federal laws against distillation for human consumption have not been repealed, and a federal permit is required even for distillation for use in an engine.

As of my last update, Ohio Senate Bill 13 appears to have stalled in the Senate's Agriculture and Natural Resources Committee. However, residents can track the bill's status on the Ohio Legislature website.

The bill would allow 100 gallons per person, per year

In 2023, a bill was introduced to the Ohio Senate that would allow Ohioans to make and consume moonshine. Moonshine is a homemade distilled spirit that has been banned since before the prohibition era. The bill, Senate Bill 13, would allow any Ohioan aged 21 and older to make, drink and serve moonshine, as long as they don't charge for it.

The bill would allow one person to make up to 100 gallons of distilled spirits a year, and two or more people in one household could make 200 gallons. The bill also forbids selling the liquor or shipping it outside of Ohio. However, home distillers can give the alcohol away or serve it to guests, family, neighbours, co-workers, and friends on private property in Ohio.

The bill sponsor, Sen. Frank Hoagland, said some of the intent behind the bill is to let people who might want to eventually turn a distilling hobby into a business to do so without fear of legal repercussions, at least at a state level. It is important to note that even if the bill passes, making liquor at home will still be against federal law.

Ohio does allow ownership of a still and usage for non-alcoholic purposes, such as essential oils and distilling water, as long as it contains less than 0.5% ABV.

Households with two or more people over 21 can make 200 gallons

As of 2023, it is not legal to distill alcohol at home in Ohio. However, a new bill proposal, Senate Bill 13, could change this. If passed, the bill would allow households with two or more people over the age of 21 to make up to 200 gallons of distilled spirits per year for personal consumption. This is double the amount that a single-person household would be permitted to produce, which is 100 gallons per year.

The bill would also allow residents to give the alcohol away or serve it to guests on private property, including family, neighbours, co-workers, and friends. However, it strictly forbids selling the liquor or shipping it outside of Ohio. Distillers would need to ensure that the shipping location is the recipient's main address.

It is important to note that even if this bill is passed, distilling alcohol for human consumption would still be federally illegal. Federal law currently only permits the use of distillation stills to create fuel, perfume, or other legally permissible products that are not for human consumption. This proposed bill in Ohio highlights the tension between state and federal legislation regarding alcohol distillation.

While the bill has been introduced, it is unclear if or when it will be passed and come into effect. The bill appears to have stalled in the Ohio Senate's Agriculture and Natural Resources Committee, and it is currently being tracked by the Ohio Legislature's bill-tracking system.

The bill would forbid selling or shipping alcohol outside of Ohio

As of 2023, there is a bill in the Ohio Senate that would allow Ohioans to make and consume moonshine, a distilled spirit typically made illegally. The bill, Senate Bill 13, would permit any Ohio resident over 21 to make, drink, and serve moonshine, provided they don't charge for it. This would allow households with at least one person of legal age to distill 100 gallons of liquor annually, with a limit of 200 gallons for households with two or more people over 21.

The bill would strictly forbid selling the liquor or shipping it outside of Ohio. While home distillers could give away or serve the alcohol to guests on private property, they could only provide it to individuals within the state. This includes family, neighbours, co-workers, and friends, and shipping would be allowed to these groups as long as the address is the recipient's main residence.

The bill's intention is to allow people to turn a distilling hobby into a business without fear of legal repercussions at the state level. However, it is important to note that even if this bill passes, making liquor at home would still be against federal law, creating a conflict between state and federal legislation. Federal law currently prohibits distillation for human consumption, and residents are only allowed to use distillation stills for creating fuel, perfume, or other legally permissible products.

The bill has been met with mixed reactions. Some, like Eric Trueheart of Black Yeti Beverage, support the update to Ohio's liquor laws, stating that the current no-moonshine laws are outdated and primarily targeted organised crime rather than public safety. On the other hand, Case Western Reserve University professor Michael Benza highlights the safety concerns of allowing untrained individuals to produce large quantities of flammable liquid at home, suggesting that additional insurance may be necessary.

Frequently asked questions